Sect a tn fell 
ee aid 
EarRLy SHERIFF CourT Book or DUMFRIES. 87 
person. It is quite true that the latter also appointed suitors, 
but this appointment did not free them from the burden of 
coming to court. It served rather the purpose of bringing to 
court a body of men who were skilled in law and legal pro- 
cedure to act as jurors and assessors. These suitors had to 
prove in examination their knowledge and capacity before 
they were admitted to office, and appear to have advised the 
freeholders and the judge both as to law and practice. Neither 
the Sheriff nor his deputes were trained lawyers; they sum- 
moned the court and presided over it, but they did not make 
its judgments. The selection of the jurors was determined by 
considerations of position and character and of acquaintance 
with the facts and circumstances of the matter upon which 
their verdict was sought, rather than in respect of their legal 
acquirements. And, accordingly, the advice of the suitors 
who had at least some legal experience was necessary, and 
ought to have been welcome. 
While the terms of the decision to be given were being 
discussed, the Sheriff retired ; and when these had been settled 
he was recalled, and the decision was pronounced by one of 
his suitors called the deemster. If either of the parties was 
dissatisfied with it, he was required, if he would make his 
dissatisfaction effectual, to give instant expression to it. He 
was bound, to use the words of the Scots version of the 
Quoniam Attachiamenta, to ‘‘ say againe it ’’ before “‘ he turn 
his taes quhere his heills stude, 
reason for gainsaying it.’ The statute, 1429, c. 6,8 varied the 
provision by enacting ‘‘ qua sa wil false a domme sal nocht 
remufe oute of the place that he standis in quhen the domme 
is gevin na zit be avisit na spek with na man quhil the domme 
be agayne callit that salbe within the tyme that a man may 
gang esily xl payss and that to be comptit efter the considera- 
cione of the Juge and the courte.’’ The formula in use was: 
““ This dome is false, stynkand, and rottin in the self and 
” 
and to give at least one 
6 See the article ‘‘ The Suitors of the Sheriff Court,”’ cited 
above. 
7 Quon. Attach., c. 9; Fol. Acts, i., 649; Skene’s Scots Version, 
Om ie 
8 Fol. Acts, ii., 18. 
